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A
collection of Philippine laws, statutes and codesnot
included or cited in the main
indicesof
the Chan Robles Virtual Law Library.

This page features the full text of
Republic Act No. 7880Fair
and Equitable Access to Education ActAN
ACT PROVIDING FOR THE FAIR AND EQUITABLE ALLOCATION OF THE
DEPARTMENT
OF
EDUCATION, CULTURE AND SPORTS BUDGET FOR CAPITAL OUTLAY.

REPUBLIC
ACT NO. 7880

AN
ACT PROVIDING FOR THE FAIR AND EQUITABLE ALLOCATION OF THE DEPARTMENT
OF
EDUCATION, CULTURE AND SPORTS BUDGET FOR CAPITAL OUTLAY.

SECTION
1. Title. — This Act shall be
known and cited as the "Fair and Equitable Access to Education Act."chan
robles virtual law library

Sec.
2. Declaration of Policy. — It
is hereby declared the policy of the State to uphold the primacy of
education,
to foster patriotism and nationalism, accelerate social progress, and
promote
total human liberation and development. Accordingly, the State shall
provide
for the development of its citizenry as represented by all legislative
districts by ensuring them fair and equitable access to the
infrastructure
and tools necessary for quality education. Towards
this end, the State shall provide all legislative districts a minimum
and
continuing level of educational development by establishing an
objective
mechanism that would make equitable the allocation of the Department of
Education, Culture and Sports' (DECS) budget for capital outlay.chan
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Sec.
3. Definition of Terms. — As
used in this Act, the following terms are hereby defined as follows:

(a) Capital
outlay — refers to the provisions of the General Appropriations Act,
particularly
those pertaining to the budget of the DECS for elementary and secondary
education for (i) the acquisition and improvement of sites; (ii) the
construction,
replacement, rehabilitation and repair of buildings, classrooms,
libraries,
workshops, toilets and other structures; and (iii) furniture, fixtures,
and equipment such as, but not limited to, desks, chairs, laboratory
and
workshop implements, computers, books, and the other basic and
essential
tools for learning whose beneficial use shall exceed one (1) year; andchan
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(b) Classroom
shortage — refers to the number of classrooms whose construction, in
considering
the number of students divided by the existing number of classrooms,
shall
result in a student-classroom ratio of 45:1; classrooms shall mean
those
exclusively used for instructional purposes and shall exclude offices,
libraries, laboratories, workshops and the like.

Sec.
4. Allocation of Appropriation.
— Notwithstanding any provision of the law to the contrary, the annual
DECS budget for capital outlay, as defined in Section 3(a), shall be
allocated
among the legislative districts in the following manner:chanroblesvirtualawlibrary

(a) On
the first year of the effectivity of this Act:chanroblesvirtualawlibrary

(1) thirty
percent (30%) of the total capital outlay to be allocated pro-rata
according
to each legislative district's student population in relation to the
total
student population of the country;chan
robles virtual law library

(2) sixty
percent (60%) of the total capital outlay to be allocated only among
those
legislative districts with classroom shortages as defined in Section 3
(b), pro-rata to the total classroom shortage of the country pursuant
to
Section 3 (b) as determined by the DECS; and

(3) ten
percent (10%) to be allocated in accordance with the implementation of
the policy of this Act as may be determined by the DECS.

(b) On
the second year and every year thereafter:chanroblesvirtualawlibrary

(1) fifty
percent (50%) of the total capital outlay to be allocated pro-rata
according
to each legislative district's student population in relation to the
total
student population of the country;chan
robles virtual law library

(2) forty
percent (40%) of the total capital outlay allocated only among those
legislative
districts with classroom shortages, as defined in Section 3 (b),
pro-rata
to the total classroom shortage of the country pursuant to Section 3(b)
as determined by the DECS; and

(3) ten
percent (10%) to be allocated in accordance with the implementation of
the policy of this Act as may be determined by the DECS.

Sec.
5. Use of Allocation. — The total
amount allocated herein shall be used exclusively for capital outlay
pursuant
to the educational priorities of the legislative district, as
determined
by the DECS upon prior consultation with the representative of each
legislative
district: Provided, That the primary objective in the use of
any
allocation shall be to eliminate classroom shortages if any: Provided,
further, That any amounts allocated in accordance with subparagraph
(1) of paragraphs (a) and (b) of the preceding section shall be used
only
for the acquisition or improvement of school sites, construction of
school
buildings and classrooms and the purchase of material or equipment that
directly aid in education: Provided, furthermore,
That the amount
so appropriated in accordance with subparagraph (2) of paragraphs (a)
and
(b) of the same section shall be used exclusively for the construction
of new school buildings: Provided, finally, That if the amount
so
appropriated in subparagraph (2) of paragraphs (a) and (b) should
exceed
the amount required to meet classroom shortage, the excess shall be
integrated
with subparagraph (1) of paragraphs (a) and (b) of the same section
excluding
capital outlays of division offices, regional and central offices.chan
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Sec.
6. Implementing Rules and Regulations.
— The DECS, upon prior consultation with the Department of Budget and
Management,
shall promulgate the necessary rules and regulations for the immediate
and effective implementation of this Act within a period of sixty (60)
days after its effectivity. The
DECS officials shall submit to the Committees on Finance, and
Education,
Arts and Culture of both Houses of Congress copies of the implementing
rules and regulations within thirty (30) days after its
promulgation. Any
violation of this Section shall render the concerned official liable
under
Republic
Act No. 6713, otherwise known as the "Code of Conduct and Ethical
Standards
for Public Officials and Employees," and other existing
administrative
and/or criminal laws.chan
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Sec.
7. Certification. — Any person
charged in the implementation of this Act shall certify under oath to
be
attached in the payroll or salary voucher under which his salary is
paid
that the provision of this Act on the allocation of appropriation for
the
year as provided under Section 4 has been fully complied with.

Sec.
8. Penal Clause. — Any public
official or employee or private individual who willfully or knowingly
misappropriates
the funds allocated herein or uses the same for personal gain in
violation
of Section 5 of this Act shall be punished with perpetual
disqualification
from public office and imprisonment for not less than six (6) years but
nor more than fifteen (15) years.

Sec.
9. Release of Capital Outlays.
— The appropriation herein provided for the construction,
rehabilitation,
replacement, completion and repair of school buildings shall be
directly
released to and administered by the Department of Public Works and
Highways
based on the work program submitted by the DECS: Provided, That
fifty percent (50%) of the total appropriation for capital outlay shall
be released automatically on the first quarter of the calendar year,
including
its corresponding notice of cash allocation.

Sec.
10. Separability Clause. — If
any provision of this Act is declared unconstitutional, the same shall
not affect the validity and effectivity of the other provisions hereof.

Sec.
11. Repealing Clause. — All laws,
decrees, orders, rules and regulations, and all other issuances or
parts
thereof, which are inconsistent with this Act hereby repealed or
modified
accordingly.chan
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